30,000 FREE CUPS OF FROYO PROMOTION OFFICIAL RULES NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING
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- Colin Ferguson
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1 30,000 FREE CUPS OF FROYO PROMOTION OFFICIAL RULES NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED. Entry in this 30,000 Free Cups of Froyo Promotion (the "Promotion") does not constitute entry into any other promotion, contest or sweepstakes. By participating in this Promotion, each entrant (an Entrant ), unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Yogen Früz Canada Inc., 210 Shields Court, Markham, Ontario, L3R 8V2 ( Sponsor ), which shall be final and binding with respect to all aspects of this Promotion. Sponsor reserves the right to amend these Official Rules and/or cancel this Contest at its sole discretion. This Promotion is in no way sponsored, endorsed or administered by, or associated with Facebook. Entrant understands that he/she is providing his/her information to Sponsor and not to Facebook. Any personal information Entrant provides will only be used for the administration of this Promotion and in accordance with Sponsor s privacy policy (see below). Twitter, Facebook and Instagram are completely released from all liability by each Entrant in this Contest. Any questions, comments or complaints regarding this Contest must be directed to the Sponsor and not Facebook. The Promotion is intended for Canadian residents (excluding residents of the Province of Quebec) and is governed by Canadian law. Please do not enter the Promotion if you are not a legal resident of Canada (excluding Quebec) and located in Canada (excluding Quebec) at time of Entry. 1. Promotion Description. In anticipation of its 30 th Anniversary, Sponsor is hosting this Promotion in which a total of up to Thirty Thousand (30,000) 1 Entrants will be able to send a Free Cup of Froyo 2 to a family member or personal friend during the Entry Period (see section 3). Upon sending the Free Cup of Froyo to their family member or personal friend, the Entrant will also be eligible to win one (1) Prize (as defined in Section 4 below) in accordance with the Rules of this Promotion. 2. Eligibility To enter and be eligible to win the Prize a person must be, at the time of Entry into the Promotion: (a) an individual legal resident of Canada (excluding the Province of Quebec); (b) located in Canada (excluding the Province of Quebec); and (c) of the age of majority in his/her province or territory of residence Employees, officers and directors (including immediate family members and members of the same household of such persons, including common law spouses) of Sponsor, its affiliated companies or agents, franchisees/licensees, advertising and promotion agencies, prize suppliers, including any vendors providing services in connection with this Promotion (individually and collectively, their respective advertising or promotional agencies, and any independent contest organization
2 Sponsor Affiliates ) are not eligible to enter the Promotion The Sponsor shall have the right at any time to require proof of identity and/or eligibility to participate in the Promotion Failure to provide such proof may result in disqualification. All personal and other information requested by and supplied to Sponsor for the purpose of the Promotion must be truthful, complete, accurate and in no way misleading The Sponsor reserves the right, in its sole discretion to disqualify any Entrant should such an Entrant at any stage supply untruthful, incomplete, inaccurate or misleading personal details and/or information. 3. Promotion Period The Promotion begins at 9:00AM Eastern Standard Time ( EST ) on Monday, May 2, 2016 and ends on July 29th, 2016 at 10:00AM EST (the Promotion Period ). A day (a Day ) is defined as commencing at 12:00:00 AM EST and ending at 11:59:59 PM EST except for the first Day (May 2, 2016) which commences at 9:00:00 AM EST and ends at 11:59:59 PM EST. The Promotion Period is composed of the following stages: Entry/Free Cups of Froyo Giveaway Period. The Entry Period commences at 9:00AM EST on Monday, May 2, 2016 and ends on the earlier of: (i) Friday, July 15, 2016 at 11:59PM EST; or (ii) the time that all allotted Free Cups of Froyo have been given away on July 15, 2016 (the Entry Period ). All Free Cups of Froyo must be sent prior to the end of the close of the Entry Period Winner Selection Period. For the period beginning on May 6, 2016 at 2:00PM EST and ending on July 29th 2016 at 10:00AM EST, Sponsor will hold a series of random draws in which Prize Winner s will be selected to win (1) Prize (the Winner Selection Period ). See Section 7 Winner Determination for more details The Promotion computer system is used to govern all computer and time-related aspects of the Promotion and, is the official time-keeping device for the Promotion Sponsor shall have the sole discretion in determining the timeliness of any action or inaction related to this Contest. All times mentioned in these Official Rules are Eastern Standard Time unless expressly noted otherwise. 4. How to Enter (No Purchase Necessary).
3 4.1. In order to send a Free Cup of Froyo to a family member or personal friend, and in turn be entered to win a Prize, you must: Visit the Promotion webpage at Authenticate yourself using your Facebook account; Fill out the required form and fields, including at least 250 characters on why you are sending the Free Cup of Froyo to that person and a valid address at which you can be reached; Review and agree to our terms and conditions; Allow the Sponsor permission to access your address and public profile; Click accept to allow the Sponsor to post the Entrant Entry on their wall; Click send to send the Free Cup of Froyo to the person you chose (the Receiver ); and The Receiver will receive an from you with a coupon for one (1) free small basic mix-it Yogen Früz frozen yogurt for redemption at any Yogen Früz location in Canada. The Receiver will have thirty (30) days from the date the with coupon is opened to redeem the coupon at a Yogen Früz store location in Canada Upon sending the Free Cup of Froyo the person you chose, you will automatically receive one (1) entry (an Entry ) into the Promotion to win one (1) Prize (see Section 6 Prizes ) An Entry will be considered to be void (and an Entry will not be granted) if the Entry: (i) is incomplete or illegible; or (ii) is not submitted and received during the Entry Period in accordance with these Official Rules Once submitted, an Entry cannot be deleted, cancelled or modified Each Entry is subject to verification at any time. Sponsor reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to the Sponsor including, without limitation, government issued photo identification) to participate in this Promotion. Failure to provide such proof to the satisfaction of Sponsor in a timely manner may result in disqualification. Entries will not be returned or acknowledged Limit one (1) Entry per person during the Promotion Period.
4 5. Electronic Communications. By submitting an Entry to the Promotion as described above, the Entrant (the person who submitted the Entry) agrees to do business with Sponsor electronically and agrees that his/her act of submitting the Entry to the Promotion is a binding form of his/her electronic signature, which they agree binds them to these Official Rules. For clarity, the Receiver of the Free Cup of Froyo has not agreed to do business with the Sponsor unless he/she enters the Promotion himself/herself. 6. Prizes The following Prizes are available to be won: Thirty (30) x VIP tickets for two (2) guests (19 years of age or older) to Yogen Früz s 30 th Birthday party on August 4, 2016, at a location to be determined in downtown Toronto, Ontario. The ARV of this Prize is $ per ticket CDN; x $25 Yogen Früz gift cards; x $50 Yogen Früz gift cards; x $100 Yogen Früz gift cards; and One (1) x grand prize 7-night-all-inclusive package for two (2) adults to the Paradisus Punta Cana Resort in Punta Cana, Dominican Republic (the Grand Prize ). The approximate retail value ( ARV ) of this Prize is $3,000 CDN excluding taxes The Grand Prize 7-night-all-inclusive package for two (2) adults to the Paradisus Punta Cana Resort in Punta Cana, Dominican Republic will be awarded by Transat Tours Canada Inc. ( Transat ) and is subject to the following conditions: Trip details: Roundtrip economy airfare from nearest Canadian Airport to the Grand Prize winner s home servicing Transat flights to Punta Cana, Dominican Republic. (Subject to availability and operation of the charter series.) The Grand Prize is subject to the terms and conditions located in the Transat Holidays South Brochure. Please note that the Grand Prize package does not include taxes, fees, gratuities, travel insurance, travel documents, items of a personal nature and any optional tours or sightseeing.
5 The Grand Prize is not transferable, has no cash value for the winner and the duration of the trip cannot be extended. Unused travel services are not exchangeable for alternate arrangements All applicable taxes must be paid to Transat prior to ticket release. All travel arrangements are to be made through Transat Interline department. The Grand Prize is subject to availability at the time of booking. The guest of the Grand Prize winner must depart and return on the same itinerary All bookings are subject to 100% cancellation penalties. Once the booking has been confirmed, no changes can be made to the passenger names and/or date of travel Travel is valid from August 07, 2016 to July 15, Reservations must be booked by January 30, Travel must be taken in the time period specified and cannot be extended beyond that date. Standard blackout dates apply such as the Christmas and New Year: from December 17, 2016 to January 03, 2017, Spring Break: from February 25, 2017 to March 18, 2017, Easter from: April 8, 2017 to April 17, The Grand Prize offered is subject to the operation of the Charter Series and/or the Tour Package Program In the event the Grand Prize winner is unable to redeem the Grand Prize as awarded, Sponsor, Transat or any parties associated with the Grand Prize will provide neither compensation nor substitution In addition to the conditions mentioned in the body of these Official Rules, the Grand Prize winner will also be required to return a signed copy of Transat s congratulations letter within seven (7) days of its receipt to confirm their understanding of the conditions stipulated above.
6 In the eventuality that the Grand Prize winner and his/her guest resides in a city that requires transportation to the Transat departure cities, the costs associated with such transportation are the Grand Prize winner s and his/her guest s entire responsibility. (Each a Prize ) Each Entrant can only win one (1) Prize in this Promotion or any other promotion hosted by the Sponsor or any Sponsor Affiliates during the Promotion Period The ARV of the Prize is based on available information provided to Sponsor and the value of any Prize awarded to a winner may be reported for tax purposes as required by law The Prize must be accepted as awarded without substitution and is not transferable or for resale and has no cash surrender value. The Sponsor reserves the right, in its sole and absolute discretion, and for any reason whatsoever, to substitute the Prize or any component of a Prize without liability Sponsor will not be held responsible in any manner whatsoever should the winner not be satisfied in any way with the Prize in all areas 7. Determination of Winner The Prize winners will be randomly drawn from all Entries (see Section 4 How to Enter ). Unless otherwise specified below, Prizes will also be randomly drawn during each draw period and awarded accordingly. There is absolutely no switching or trading of Prizes. The Prize drawn for any given draw period will be awarded as-is to winner picked for that draw period A total of fourteen (14) random draws will be will be held on the following dates and times at Markham, Ontario (unless another location is specified): Draw Period: Draw 1 Starting Period at 12:00:00 AM EST unless stated 9:00AM EST on May 2, 2016 Closing Period 11:59:59 PM EST unless stated Draw Date at 2:00:00 PM EST unless stated Prize May 5, 2016 May 6, x VIP tickets to Yogen Früz s 30 th
7 Draw 2 May 6, 2016 May 12, 2016 May 13, x VIP tickets to Yogen Früz s 30 th Draw 3 May 13, 2016 May 19, 2016 May 20, x VIP tickets to Yogen Früz s 30 th Draw 4 May 20, 2016 May 26, 2016 May 27, x VIP tickets to Yogen Früz s 30 th Draw 5 May 27, 2016 June 2, 2016 June 3, x VIP tickets to Yogen Früz s 30 th Draw 6 June 3, 2016 June 9, 2016 June 10, x VIP tickets to Yogen Früz s 30 th Draw 7 June 10, 2016 June 16, 2016 June 17, x VIP tickets to Yogen Früz s 30 th Draw 8 June 17, 2016 June 23, 2016 June 24, x VIP tickets to Yogen Früz s 30 th Draw 9 June 24, 2016 June 30, 2016 July 4, x VIP tickets to Yogen Früz s 30 th Draw 10 July 1, 2016 July 7, 2016 July 8, x VIP tickets to Yogen Früz s 30 th
8 Draw 11 July 8, 2016 July 14, 2016 July 15, 2016 Draw 12 July 15, 2016 July 21, 2016 July 22, 2016 Draw 13 July 22, 2016 July 28, 2016 July 29, 2016 Draw :00AM EST on May 2, 2016 End of Entry Period July 29th, 2016 at 10:00AM EST 1 x Grand Prize 7.3. Odds of being selected for a Prize depends on the total number of eligible Entries received during the specific draw period as outlined in the above chart. 8. Winner Notification For all draws, Sponsor will contact the selected Entrant by sending them an to the address specified in their Entry form (see Section 4 How To Enter ) by 4:00PM EST on the draw date Each selected Entrant must respond by on or before 5:00PM EST the following business day (the Contact Period ) by following the instruction on the notification. If any selected Entrant fails to do so within the Contact Period, the he/she will be disqualified (and will forfeit all rights to a Prize), even if the potential winner s name may have been publicly announced. Another Entrant will be randomly selected from the remaining eligible Entries and the process above will be repeated until such time as contact is made with a selected Entrant or there are no more eligible Entrants 8.3. Prior to being declared a winner, the selected Entrant must first correctly answer without assistance of any kind, whether mechanical or otherwise, a mathematical skill-testing question In the event that the selected entrant incorrectly answers the mathematical skill-testing question, he/she will be disqualified and another Entrant will be randomly selected and the above process will be repeated until such time as there is a confirmed Prize winner or no more eligible Entries are available 9. Release Form.
9 9.1. Prior to being declared the winner and receiving the Prize, the selected Entrant will be required to sign a Declaration and Publicity Release Form (the "Release Form") By completing and returning the Release Form, the winner confirms compliance with the Official Rules, accepts the Prize as awarded, without substitution, releases the Releasees (as specified more fully in para. 7, below) from all liability relating to the Promotion and/or to the Prize, and consents to the use of his/her name, address (city and province) and/or photographs, without additional compensation, in connection with any publicity carried out by or on behalf of the Sponsor with respect to the Promotion The selected entrant may be required, at the Sponsor's sole discretion, to provide with the Release Form copy of photo identification showing his/her valid address The selected Entrant agrees to cooperate in any investigations by the Sponsor to confirm his/her eligibility and to help ensure that the use of such potential winners information in advertising or publicity for the Promotion will not bring the Sponsor into public disrepute, contempt, scandal or ridicule or reflect unfavourably on the Promotion or the Sponsor as determined by the Sponsor in its sole discretion The signed Release Form, questionnaire, and other information or documents provided digitally must be returned within the time period specified on the Release Form or the Prize will be forfeited and another Entrant will be selected, and the process above will be repeated Upon receipt of the completed Release Form, the Sponsor or a designated agent will be in contact with the winner within 5 business days by telephone to administer the mathematical skill-testing question All Prizes other than the Grand Prize will be mailed to the declared winner within sixty (60) days of receipt of the Release Form. The declared winner of the Grand Prize will be required to attend 210 Shields Court, Markham, Ontario L3R 8V General By entering the Promotion, entrants agree to read, abide and be bound by the Official Rules, including all eligibility requirements and by the decisions of Sponsor, made in its sole discretion, which shall be final and binding in all matters relating to the Promotion. Entrants who have not complied with the Official Rules are subject to disqualification By entering the Promotion and, if applicable, completing the Release Form, the entrant agrees to release and hold harmless the Sponsor, its affiliated and related companies, business
10 partners, advertising and promotional agencies, prize suppliers, and the independent contest organization, and each of their respective directors, officers, employees, agents, representatives, successors and assigns and all others associated with the development and execution of the Promotion (collectively, the "Releasees"), from and against any and all manner of action, causes of action, suits, debts, covenants, contracts, claims and demands, including legal fees and expenses, whatsoever, including but not limited to, claims based on negligence, breach of contract, and fundamental breach and liability for physical injury, death, or property damage which an entrant or his/her administrators, heirs, successors or assigns might have or could have, by reason of or arising out of the selected entrant's participation in the Promotion and/or in connection with the acceptance or use of the Prize Sponsor reserves the right to cancel, terminate, modify, or suspend in whole or in part this Promotion at any time and in any way, without prior notice. Without limiting the foregoing, if for any reason the Promotion is not capable of running as originally planned, for example as a result of tampering or infection by a computer virus, the Sponsor reserves the right to cancel the Promotion and conduct a draw from all previously received eligible Entries Sponsor does not assume any responsibility and are not responsible for (i) the incorrect or inaccurate capture of Entry information and Entries that fail to comply with the Official Rules; (ii) any loss, damage or claims caused by the Prize or the Promotion itself; or (iii) any failure of the website during the Promotion Period, including any problems, human or technical errors, printing or typographical errors, lost, delayed or garbled data or transmissions, omissions, interruptions, deletions, defects or failures of any telephone or computer lines or networks, technical malfunctions of any computer on-line systems, computer equipment, servers, access providers, software, failure of any or Entry to be received on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof including any injury or damage to an entrant's or any other person's computer relating to or resulting from downloading any material connected to the Promotion, all of which may affect a person's ability to participate in the Promotion Sponsor does not assume any responsibility and is not responsible for electronic communications which are undeliverable as a result of any form of active or passive filtering of any kind or insufficient space in an entrant's mailbox to receive messages, or for late, lost, illegible, incomplete, falsified, damaged, misdirected, mutilated, garbled or incomplete Entries, which will be void Entry materials/data that have been tampered with or altered are void Any attempt to deliberately damage any website or to undermine the legitimate operation of the Promotion is a violation of criminal and civil laws. Should such an attempt be made, the Sponsor reserves the right to seek remedies and damages to the fullest extent permitted by law,
11 including criminal prosecution, and to disqualify an entrant from the Promotion or any other promotion conducted by the Sponsor now or in the future. In the event it is determined that an entrant has entered the Promotion in a manner contrary to the Official Rules and/or has submitted more than the number of Entries permitted by the Official Rules, the entrant and all of the Entries submitted by the entrant will be disqualified If, due to any technical, production or other error, more prizes are claimed or awarded than are described in the Official Rules, the number of prizes identified in the Official Rules will be awarded in a random drawing from all such prize claims received In no event will the Sponsor be responsible or liable for more than the stated number of prizes described in the Official Rules In the event of a dispute as to the identity of an entrant, Entries made on-line will be deemed to have been made by the authorized account holder of the address submitted at the time of Entry. An "authorized account holder" is defined as the natural person assigned to an address by an Internet service provider, on-line service provider or other organization responsible for assigning addresses for the domain associated with the submitted addresses. The potential winner may be required to show proof of being the authorized account holder for the address associated with the winning Entry All Entries become the property of the Sponsor and none will be returned. No correspondence will be entered into except with the selected entrant and winner. The Promotion is subject to all applicable Federal, Provincial and Municipal laws The Promotion is void where prohibited by law. All issues and questions concerning the construction, validity, interpretation and enforceability of the Official Rules, or the rights and obligations of entrants and the Sponsor in connection with the Promotion, shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein in respect of residents of the other Canadian provinces/territories, without regard to conflicts of law principles The approximate retail value of the prize as stated by the Sponsor in point of sale advertising, and other advertising, promotion materials, and/or in these Official Rules is subject to price fluctuations in the consumer marketplace based on, among other things, the passage of time between the date the approximate retail values are stated by the Sponsor and the date the prize is awarded or redeemed. If, at the time a prize is redeemed or awarded, the actual prevailing retail purchase price for the prize is less than the approximate retail value stated by the Sponsor in point of sale, television and print advertising, promotion materials, and/or in these Official Rules, the prize winner will not be entitled to a cheque or cash for the price difference.
12 By entering this Contest, each Entrant expressly consents to Sponsor, its agents and/or representatives, storing, sharing and using the personal information submitted with his/her Entry only for the purpose of administering this Contest and in accordance with Sponsor s privacy policy (available at: unless the Entrant otherwise agrees The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Rules shall otherwise remain in effect and shall be construed in accordance with the terms as if the invalid or illegal provision were not contained herein In the event of any discrepancy or inconsistency between the terms and conditions of these Official Rules and disclosures or other statements contained in any Promotion-related materials, including, but not limited to: the Promotion Entry form, and/or point of sale, television, print or online advertising; the terms and conditions of these Official Rules shall prevail, govern and control. Sponsor: Yogen Früz Canada Inc., 210 Shields Court, Markham, Ontario L3R 8V2. 1 A total of four hundred (400) Free Cups of Froyo are available to be given away each Day. Un-awarded Free Cups of Froyo for any given Day will not be carried forward. 2 A Free Cup of Froyo is an electronic coupon worth one (1) free small basic mix-it frozen yogurt which can be redeemed at any Yogen Früz store location in Canada. 3 The Grand Prize Draw will take place at Sponsor s 30 th at a location to be determined and announced in Toronto, Ontario, Canada. Yogen Früz is a registered trademark of Yogen Früz Canada Inc. Froyo is a registered trademark of International Franchise Inc. All other trademarks referenced in these Official Rules are the property of their respective owners.
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